Babylon International, Inc. v. City of Miami

District Court of Appeal of Florida

Babylon International, Inc. v. City of Miami

217 So. 3d 215, 2017 WL 1401449, 2017 Fla. App. LEXIS 5381

CourtDistrict Court of Appeal of Florida

DecidedApril 19, 2017

DocketNo. 3D16-2328

StatusPublished

This text of 217 So. 3d 215 (Babylon International, Inc. v. City of Miami) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Babylon International, Inc. v. City of Miami, 217 So. 3d 215, 2017 WL 1401449, 2017 Fla. App. LEXIS 5381 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

Babylon International, Inc. (“Babylon”) seeks certiorari review of the trial court’s order denying Babylon’s amended emergency motion for writ of mandamus, in which Babylon sought to compel the City of Miami (“City”) to issue a demolition permit. As Babylon did not possess a clear legal right to the issuance of a demolition permit by the City, see De Groot v. Sheffield, 95 So.2d 912, 916 (Fla. 1957) (holding that mandamus is a “proceeding to enforce a clear legal right to the performance of a clear legal duty”), there was no departure from the essential requirements of law. See Holmes Reg’l Med. Ctr. v. Dumigan, 151 So.3d 1282, 1283 (Fla. 5th DCA 2014) (stating that a petitioner must establish, among other things, a departure from the essential requirements of law to obtain certiorari relief). Accordingly, we deny Babylon’s petition for writ of certiorari.

Denied.

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PER CURIAM.

Babylon International, Inc. (“Babylon”) seeks certiorari review of the trial court’s order denying Babylon’s amended emergency motion for writ of mandamus, in which Babylon sought to compel the City of Miami (“City”) to issue a demolition permit. As Babylon did not possess a clear legal right to the issuance of a demolition permit by the City, see De Groot v. Sheffield, 95 So.2d 912, 916 (Fla. 1957) (holding that mandamus is a “proceeding to enforce a clear legal right to the performance of a clear legal duty”), there was no departure from the essential requirements of law. See Holmes Reg’l Med. Ctr. v. Dumigan, 151 So.3d 1282, 1283 (Fla. 5th DCA 2014) (stating that a petitioner must establish, among other things, a departure from the essential requirements of law to obtain certiorari relief). Accordingly, we deny Babylon’s petition for writ of certiorari.

Denied.

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Bluebook (online)

217 So. 3d 215, 2017 WL 1401449, 2017 Fla. App. LEXIS 5381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/babylon-international-inc-v-city-of-miami-fladistctapp-2017.

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